HomeMy WebLinkAboutResolutions - 1983.09.07 - 11764MISCELLANEOUS RESOLUTION g32k8 September 7, 1983
BY: FINANCE COMMITTEE, DR. C. WILLIAM CADDELL ; CHAIRPERSON
IN RE: LEGAL FEES - SHERIFF SPREEN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, Miscellaneous Resolution II:82065 authorized the Oakland County Sheriff to
retain outside legal counsel to represent the Sheriff in his appeal of a judgment in the
matter of Valentino vs. Spreen; and
WHEREAS, the resultant billings from the outside legal counsel was determined to be
in excess of the normal billings after review of the County's Corporation Counsel and this
Committee; and
WHEREAS, the Finance Committee directed the Corporation Counsel to negotiate a
more represented billing with said outside legal counsel; and
WHEREAS, said negotiation failed and this matter was brought before the 6th Circuit
Court Mediation Panel; and
WHEREAS, the Mediation Panel recommended $12,500 to be a fair and reasonable
charge; and
WHEREAS, it is the recommendation of the Office of Corporation Counsel that we
accept the Mediation Panel's decision to pay the outside legal counsel a fee of $12,500 for
representing Sheriff Spreen in this matter.
NOW THEREFORE BE IT RESOLVED, that pursuant to Rule XI-C of this Board, the
Finance Committee has reviewed the Mediation Panel's decision and recommendation from
the Corporate Counsel and recommends payment of $12,500 to said outside legal counsel;
said funds available in the 1983 Contingency Account.
BE IT FURTHER RESOLVED, that the Board of Commissioners appropriate $12,500
from the 1983 Contingency Account and transfers said amount to the 1983 Sheriff
Department-Legal Expense line-item as follows;
990-02-00-9990 Contingency $ (12,500)
431-01-00-3456 Sheriff-Legal Expenses 12,500
-0-
BE IT FURTHER RESOLVED, that the Corporate Counsel report back to the Finance
Committee as to any further action necessary to resolve this matter.
Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the
foregoing resolution.
, FINANCE COMMITTEE
03248 September 7, 1983
LYNN Di(ALLEN, County Clerk/Register of De,
Moved by Caddell supported by Gosling the resolution be adopted.
, Moved by Caddell supported by Perinoff the resolution be amended as follows:
The 5th WHEREAS paragraph be amended after $12,500 by adding "plus a reasonable
expense of $491.75";
the 6th WHEREAS paragraph be amended after $12,500 by adding "plus a reasonable
expense of $491.75";
the First NOW THEREFORE BE IT RESOLVED be amended to include this amount after
"$12,500";
The BE IT FURTHER RESOLVED paragraph be amended to change the $12,500 figure to
$12,991.75, and also the Contingency number bc changed and the Sheriff's legal expense
be changed to the figure of $12,991.75.
A sufficient majority having voted therefor, the amendment carried.
Moved by Law supported by Richard Kuhn the resolution be amended to change
the words "Mediation Panel" to "Mediators" throUghout te. resolution.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Rewo/d, Wilcox,
Aaron, Caddell, Calandro, Doyon, Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn,
S. Kuhn, Lanni, Law, McConnell, McPherson. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution as amended, was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution # 83248 adopted by the Oakland County Board of Commissioners
at their meeting held on September 7, 1983
with the original record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this 7th day of September 1983
Deputy Clerk